E/CN.4/2003/85 page 8 II. THE HUMAN RIGHTS OF MIGRANTS DEPRIVED OF THEIR LIBERTY 12. On 1 August 2002, the Special Rapporteur sent a request for information on the issue of migrants deprived of their liberty through a questionnaire which was distributed to all permanent missions in Geneva, NGOs, United Nations special procedures mandate holders, OHCHR field presences, United Nations and other agencies and programmes, and international experts in this field. 13. The questionnaire comprised 23 questions, grouped under three main areas: legislative framework; safeguards for the protection of migrants in detention;2 and conditions of detention. The Special Rapporteur would like to thank all Governments, organizations, experts and individuals who provided written responses to the questionnaire.3 14. In the following paragraphs, fundamental international human rights obligations are reviewed in the context of national legislation and practices, with a view to identifying the most frequent violations and abuses suffered by migrants. The analysis is based on the information provided through answers to the questionnaire and on practices personally observed by the Special Rapporteur. A. Deprivation of liberty in the context of migration management 15. Deprivation of liberty of migrants must comply not only with national law, but also with international legislation.4 It is a fundamental principle of international law that no one should be subjected to arbitrary detention. International human rights norms, principles and standards define the content of that principle. Such norms, principles and standards apply to all individuals, including migrants and asylum-seekers, and to both criminal and administrative proceedings. 16. The Special Rapporteur observed that irregular migrants are particularly vulnerable to deprivation of liberty both in the context of criminal and administrative proceedings and that, especially in case of administrative detention, the above-mentioned rights and guarantees are often not respected in practice. 17. Migrants are detained in connection with criminal offences like any other citizens of a State. The Special Rapporteur, however, is concerned by the fact that under the legislation of a considerable number of countries violations of the immigration law constitute a criminal offence. Undocumented and irregular migrants therefore become particularly vulnerable to criminal detention, which is punitive in nature, for such infractions as irregularly crossing the State border, using false documents, leaving their residence without authorization, irregular stay, overstaying their or breaching conditions of stay. The Special Rapporteur notes with concern that criminalization of irregular migration is increasingly being used by Governments to discourage it. 18. The Special Rapporteur also received worrying reports that there have been cases of evidence of criminal offences, such as theft or robbery, being planted by immigration officials on irregular migrants. Such incidents are often inspired by racist attitudes and beliefs. The Special